I'm new to the forum, but have been reading and using the advice on here for quite a while. I love it!

Here is my problem now though:

My husband arrived in the US from South Africa on July 6th on a newly approved K-3 visa. We soon after applied for AOS, but sent in the wrong check amounts, so we just got it sent back with a rejection notice. I knew they were raising the prices, but thought if we applied before the deadline, it wouldn't apply to us. Anyway, now we have mega fees to pay and not enough money to survive, go to college, AND pay an extra grand for AOS right now. His K-3 says it expires in 09. Does that mean we have until then to apply? Can we wait maybe a year to apply for AOS and it not hurt our case?

He wants to stay here, of course. And we have no intention of trying to "cheat" the system or him stay here illegally. It's just a bad time. As you all can probably relate, we have put sooooo much time and money into this. I thought it would only get better from here. Boy was I wrong.

Any advice/thoughts/help would be greatly appreciated. Thank you!

You are not under any mandated hurry to apply for AOS...

Just out of curiosity what amount and when did you send that caused the rejection?

We thought it was going to be $515, and mailed it July 29th. Now it's going to be $1270 ...ouch. I just started college, so we're in a tight spot now.

Forgive me but how did you calculate those numbers (both old and new)?

That is the I-485 app fee (before, it was $395, now it is $930) and the work permit fee (before, it was $120 and now it is $340)

So on the original application you blew it on the EAD side because I think the fee was $180 not $120 as you had the I-485 correct ($325 + biometrics of $70).

Now for the new world..

I-485 is $930 + biometrics of $80 for a total of $1,010 and that is ALL!!! Your interim benefits of EAD and AP are included in the I-485 fee not in addition.

Hmm, Then why on the rejection notices, does it specifically say that the EAD is 340 and the I-485 is 930? Thank you for looking in to this. I'm so overwhelmed right now. I don't wanna mess this up.

Can't explain...



Link

Thanks for the link. I guess I misunderstood.

It's easy to misunderstand. As long as he's in no hurry to work, there's no hurry to file AOS. I actually waited to file, so that our two-year wedding anniversary would occur before the AOS interview. That would give my wife and daughter 10 year green cards instead of 2 year cards. It saves a lot of hassle and about $500 each in fees to remove conditions.

When you're ready, just file for AOS and EAD together, paying $1010. Make sure you do so a few months before his I-94 expires. Or file three months or so before he needs to work, whichever works best for you.

We ended up filing two months earlier than we wanted to, in order to avoid the higher fees but I wasn't going to cut it close. I made sure the papers got there a few days before the increase went into effect but only a few days, because I actually want to be delayed by the rush but not have anybody confused about whether we paid the correct fee.

Wow, thanks for the info. That's so relieving. He wants to work, but isn't in a major rush to do so right now. We just have so much going on.
Congrats on your success with this crazy system!

Fantastic. I was thinking of eventually doing the same thing. I would eventually have posed a question here asking if this was possible and a good idea (waiting for AOS so that the 2 year wedding anniversary passes before AOS interview), but I didn't want to put the cart before the horse. But now I know!
Cheers.

You'll want to carefully evaluate your own priorities and circumstances after US entry. My strategy isn't for everybody. In our case, we could file for EAD separately and did so.

Yes, we will probably also file for the EAD separately. Just so that he has it if we need it.

Well, unless they've changed it, for a Ke EAD should be filed separately and in that way he'd get a 2 year EAD (expires the same day as the K3) rather than a 1 year EAD based on the AOS.

Because the K3 is valid 2 years, you don't need to file the AOS right away, you can wait to file it later, but you'll want to do it before the K3 expires. If the K3 expires before the AOS interview, then there will be a period of time that he will be unable to work and/or travel.

Really? If the AOS interview is done after you have been married 2 years- you get a 10 year instead of a 2?

I didn't know that.

It's nice to know you can still learn something every day.

The "conditions" others must have removed later are because the green card was issued based on a marriage of less than two years. It's the same pricipal that applies to an immigrant visa. If the US entry occurs after the two year wedding anniversary, you get a 10 year card. If the visa is issued after the two year anniversary you get an IR1 visa instead of CR1, also resulting in a 10 year card.

Delaying AOS is not a good choice for everybody.

Absolutely agree that its not for everyone. For us it is a good idea. My wife will need to be able to travel back to visit her folks and then back to the states, which the K3 will let her do since its multiple entry. She has no plans to work immediately, and can/will easily wait two+ years.

Yes, I think we will be waiting to file AOS but still do the EAD. Thanks for the input, Reba. And congrats on your case!

Yup!

I thought about it (briefly) prior to filing, but I decided I wanted PR status even though it is conditional. We haven't been married that long and to wait until after our 2 year anniversary would cut it a little too close for my liking. I didn't want to have to deal with an expired I-94 if my AOS was held up for whatever reason.

I knew that if you have filed after 2 years of marriage you receive a 10 year card instead of a 2 year.

What I'm confused about is- if the 2 year anniversary comes around while you are in the US awaiting the AOS interview- do you get the 10 year?

Magic date is when the greencard is approved/issued... after two year mark then 10 year card....

So, in that respect- would being stuck in FBI namecheck be a good thing if it pushes you over the 2 years mark?

Other than keeping your EAD and or AP (if required) documents fresh....I suppose you could look at it that way.....

As a K-3. I don't need AP. I sent my EAD separate from the AOS so I will have 2 years on it.

I have 9 months until 2nd Anniversary- if my interview or greencard is issued after that, that would be nice. Not having to worry about removing conditions would be lovely.

Now that I actually want this process to be slow- I'll probably get my Interview soon

You do need AP if your AOS is not approved before your K-3 visa exires (that is why I said IF required)

Thanks Fwaguy!